relative to the offense of improper influence and making synthetic and semisynthetic kratom illegal to prepare, distribute, manufacture, sell, possess, or advertise, with exceptions made for scientific research.
What changed between versions
The bill now includes an entirely new part making synthetic and semisynthetic kratom illegal to prepare, distribute, manufacture, sell, possess, or advertise, with a carve-out for scientific research purposes.
New RSA 318-B:51 defines 'synthetic kratom' or 'semisynthetic kratom' as alkaloids created through chemical synthesis or biosynthetic means (fermentation, recombinant techniques, yeast-derived, enzymatic techniques) that synthetically alter kratom alkaloid composition, or alkaloids exposed to chemicals/processes causing structural changes.
New RSA 318-B:52 prohibits any person or entity from preparing, distributing, manufacturing, selling, possessing, or advertising synthetic or semisynthetic kratom unless done solely for scientific research.
New paragraph IX in RSA 318-B:1-a classifies synthetic or semisynthetic kratom as a schedule II controlled drug, overriding the commissioner's usual scheduling authority under paragraph I.
The effective date was split: sections 1 and 2 (improper influence) still take effect January 1, 2027, but the new kratom provisions (sections 3 and 4) take effect immediately upon passage of the act.
The severability clause was narrowed from 'any provision of this act' to 'any provision of section 1 of this act,' meaning only the improper influence section is severable; the kratom provisions stand or fall together with the rest of the act.
The fiscal note that accompanied the introduced version (noting indeterminable state and local expenditure impacts) was removed from the amended version.
